Draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 Draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

David Rutley Excerpts

Tuesday 5th February 2019 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

I beg to move,

That the Committee has considered the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019.

[The Chair]

With this it will be convenient to consider the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019.

[David Rutley]

It is an honour to serve with you in the Chair, Ms McDonagh. We have two statutory instruments for the price of one.

[Hon. Members]

Buy one, get one free!

[Dr David Drew (Stroud) (Lab/Co-op)]

Coming to you at a knockdown price.

[David Rutley]

I wish I had not gone there, to be honest, given some of the comments I have just received.

I have moved the motion for the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019, and I will also speak to the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019. [Interruption.]

[The Chair]

Order. It has been suggested to me that it might be the other way round.

[David Rutley]

Okay. For the record, I have moved the motion for the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019, and I will also speak to the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019.

Both statutory instruments aim to ensure that there will continue to be a functioning regulatory and legislative regime for professional regulation of veterinary surgeons and farriers, and enforcement of legislation for protecting animal health and welfare, if the UK leaves the EU with no deal and no implementation period. I will address both draft instruments in turn.

The draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 set out the approach for professional regulation of veterinary surgeons from the European economic area, and make a technical change to the Animal Welfare Act 2006 to ensure the continuity of existing enforcement powers. Both changes are needed to ensure operability of the existing legislation.

I acknowledge the vital contribution of veterinary surgeons in maintaining high levels of animal health and welfare in the UK, as well as their role in protecting public health and food safety and facilitating international trade. On behalf of the Government and, I am sure, the Committee, I sincerely thank them for their important work.

In the UK, the veterinary profession and its standards are regulated by the Royal College of Veterinary Surgeons. Since its passage, the Veterinary Surgeons Act 1966 has provided a mechanism for veterinary surgeons who have qualified outside the UK to register to practise here. That mechanism, in so far as it applied to EEA and Swiss nationals, was subsequently amended to reflect the requirements of the EU recognition of professional qualifications directive when that was adopted in 2005.

Under the European system—our current system—EEA and Swiss nationals who hold degrees from veterinary schools recognised by the EU are entitled to have those degrees automatically recognised in any member state. Once the UK leaves the EU, that reciprocal arrangement will come to an end. The purpose of this statutory instrument is to ensure operability and consistency of the system for registering EEA and Swiss-qualified veterinary surgeons after the UK leaves the EU. EEA or Swiss-qualified persons who wish to register to practise in the UK will still be able to do so. They will, however, have to follow the same process as those who have qualified elsewhere, outside the EEA.

That process is set out in section 6 of the 1966 Act, and requires that an applicant satisfies the Royal College of Veterinary Surgeons and

“has the requisite knowledge and skill…for practising…in the United Kingdom”.

If the royal college is satisfied that the degree held by the applicant meets that requirement and is equivalent to one from a UK veterinary school, there is no further assessment of their knowledge and skill. The royal college estimates that approximately 87% of applicants from the EEA will meet that requirement. That is a very high percentage.

If the applicant does not hold such a degree, they must undertake and pass a professional examination administered by the Royal College of Veterinary Surgeons. That would help to ensure consistency of approach to the regulation of veterinary standards in the future. I stress that the changes will not affect those already registered to practise veterinary surgery in the United Kingdom. Transitional arrangements also ensure that those in the process of registering with the royal college on exit day are entitled to have their application considered under the current rules.

As I mentioned, the draft regulations make a minor technical amendment, to section 29 of the Animal Welfare Act 2006, to ensure that an existing power of inspection remains available in England and Wales after exit day. The power permits the inspection of premises to check compliance with regulations made under section 12 of the Act that implement EU obligations. I recommend this statutory instrument to Committee members.

The draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 will ensure that the system for recognising farriery qualifications continues to function effectively after the UK leaves the EU. The instrument also amends section 64A of, and schedule 3 to, the Animal Health Act 1981, as well as three exemption orders under the Veterinary Surgeons Act, to ensure the operability of those pieces of legislation after EU exit.

First, I will talk about changes to the professional regulation of farriers. Farriers are responsible for the shoeing of horses, and therefore are very important to maintain the health and wellbeing of horses. In Great Britain, farriers have been regulated since 1975 by the Farriers Registration Council under the Farriers (Registration) Act 1975. Farriery is not currently regulated in Northern Ireland. Under the European system, EEA and Swiss nationals who hold farriery qualifications, or who have certificates attesting to their experience, are entitled to have those qualifications or that experience recognised in any member state. Once the UK leaves the EU, that reciprocal arrangement will come to an end.

To ensure consistency of professional standards, we propose to use the same system of recognising farriers’ qualifications from the EEA as that for farriers from the rest of the world. If a farrier has an overseas qualification recognised as equivalent to that required by the Farriers Registration Council, they can register to practise in the UK. Farriers whose qualifications and training are not equivalent to UK standards, but who have two or more years of professional experience as a farrier, will need to undertake professional assessment. If they have less than two years’ professional experience, they will need to undertake full professional training in the UK, followed by a professional assessment, before being registered to practise in the UK. That will help to ensure consistency across the profession, and will help to protect the health and welfare of horses.

We have discussed the proposals with the Farriers Registration Council, which is content with this approach. The amendments do not affect the rights of those already registered to practise farriery in the United Kingdom, or who are in the process of applying to register with the FRC when the UK leaves the EU.

I will briefly outline the technical changes that the statutory instrument aims to make to the Animal Health Act 1981 to ensure its operability after EU exit. The statutory instrument amends section 64A of, and schedule 3 to, the Act. The amendment to section 64A will ensure that where a power of entry currently exists in Great Britain, an inspector can continue to assess compliance with secondary legislation under the Act.

A further operability amendment, to schedule 3, removes any EU obligation that no longer applies to the UK after exit. The relevant local authority must be satisfied that adequate measures are in place to prevent any risk of the spread of foot and mouth disease before it decides not to slaughter susceptible animals. It is not necessary to express the requirement that European Union interests are not endangered, as there is also a clear interest for the UK to be disease-free to facilitate trade.

Three exemption orders under the Veterinary Surgeons Act 1966 currently permit specific minor veterinary surgery procedures to be carried out in the UK by persons other than veterinary surgeons, provided they have successfully undertaken an approved course. In the UK, before a UK course can be approved, the Secretary of State, rightly, must consult the Royal College of Veterinary Surgeons. However, at the moment, EU law requires us also to recognise any training undertaken in an EEA country that would allow a person to carry out that procedure there. There is no EU minimum standard for such training—no requirement that the member state in question consult its equivalent to the RCVS.

Importantly, there is no guarantee that the course is of the same standard as those undertaken in the UK. In the future, it will be for the Secretary of State—and, in some cases, the Department of Agriculture, Environment and Rural Affairs, as the responsible authority in Northern Ireland—to decide whether any non-UK course meets the appropriate standard, to ensure there is more rigour. That will help maintain high standards of animal health and welfare in the UK.

For the reasons that I have set out, I commend the statutory instruments to the Committee.

--- Later in debate ---

[David Rutley]

I am grateful for the contributions that have been made, and I am pleased to hear that the hon. Member for Stroud will be attending the BVA dinner this evening.

[Dr Drew]

You are going as well, are you?

[David Rutley]

Yes, I will be speaking, and I am little bit worried about the hon. Gentleman’s suggestion that I might be the subject of some sport. We shall see, but I am sure he will be well behaved, just as he was trying to be today.

Characteristically, the hon. Gentleman has raised a number of important points—he does his homework, as we well know—but I will touch on the issue of the shortage of vets, because I think that Members on both sides of the House are concerned about that and want to take action. To address concerns that have been raised about the shortage, we in DEFRA have provided evidence to the Migration Advisory Committee, strongly supporting the return of veterinary surgeons to the shortage occupation list. The Migration Advisory Committee is due to report in spring 2019, and while the UK prepares to leave the EU, DEFRA is working closely with the Home Office to ensure that there is a long-term strategy for the veterinary workforce, as part of future immigration policy. I hope that is helpful.

[Dr Drew]

Will the Minister support me in saying that we can work cross-party on that? We believe very strongly that this must be sorted; it should have been sorted some time ago because of the seasonal agricultural workers scheme, although I know these are not seasonal workers. I do not know whether there is anything the Opposition can do to help, but the Government have to get real. We must make sure that we are recruiting people appropriately.

[David Rutley]

That point is understood, and I will gladly meet the hon. Gentleman to discuss further his suggestion of working closely on the issue. That leads on to what else we are doing to help vets, in the event of a no-deal scenario, to prepare for increased demand for export health certificates for animals and animal products, because those products will need to pass through border inspection posts. DEFRA’s internal estimates suggest that we will need the equivalent of up to 50 full-time official veterinarians to respond to the changes in demand for export health certification.

We are providing free training for 400 official vets, and our very detailed discussions and engagement with the industry indicate that, with their existing capacity, the use of new certification support officers and their ability to bring more vets into the market, we should be in a reasonable position to meet that demand. In addition, we are providing free training for 200 CSOs and we are already starting to put CSOs through that training, so that they can add value and help our vets to focus on those issues to which they can make the biggest contribution in what could be quite challenging circumstances if there is an increased volume of demand for EHCs.

The hon. Gentleman asked about the cost of the statutory exam, which is £2,500. We have looked at other professional regulators, and these fees are fairly comparable. For example, they are cheaper than the General Dental Council’s examination fees of about £3,735.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

How long will it take for those people who are being trained to qualify and be ready? If we crash out—as I understand it, we will not have mutual recognition under the SI—will they be ready and will we have enough people to backfill the shortage? If not, would it not be sensible to be more flexible, here and now, with regard to mutual recognition so that we do not make life more difficult, as my hon. Friend the Member for Stroud has already said?

I also reiterate my hon. Friend’s point about impact assessments. A detailed, or even cursory, impact assessment of the implications would have fleshed out the issues and enabled us to engage with them more fully. The consequences are very dire if we do not get it right. A number of Departments, including the Treasury, have failed to provide impact assessments, and I am sick to death of sitting on Delegated Legislation Committees without impact assessments. I do not think that is an appropriate way to scrutinise proposed legislation, which is especially significant given the context in which we find ourselves.

[David Rutley]

The hon. Lady has also made thoughtful points. I reassure the Committee that we are working incredibly hard to ensure that we are ready for any eventuality, including regarding the availability of vets. There is an ongoing dialogue: I have met the chief veterinary officer and the BVA several times and I am sure I will meet them again tonight. We have worked very closely to make sure that we are in the best possible position for any eventuality come 29 March.

Hon. Members have also asked whether there is a change of policy. The answer is yes, because mutual recognition of qualifications will cease in a no-deal situation. A couple of hon. Members made points about impact assessments, which are required only when there will be a direct impact on business as a result of regulatory change. The SI concerns the registration of individuals only. Those points have been discussed with the RCVS, which is content with the proposals.

I hope that my remarks have answered most of the questions. I am sure that the hon. Member for Stroud will buttonhole me tonight if he has any other points.

[Dr Drew]

I will.

[David Rutley]

I look forward to that dialogue, which will be really important. Lord Gardiner is looking forward to tomorrow’s debate in the House of Lords, where those points can be considered in even more detail.

As I said in my opening remarks, it is important that these statutory instruments are passed. If they are not, the current system for regulating veterinary qualifications from EEA veterinary schools will not operate effectively, which would result in an inconsistency of veterinary standards in the UK and the inability of inspectors to enforce certain animal welfare standards. Additionally, the system for recognising farriery qualifications from the EEA, enforcing animal health regulations and approving courses for certain veterinary procedures would not operate effectively.

We know and have discussed at length the importance of the veterinary profession and the contribution that it makes to public health and to animal health and welfare in the UK. The SIs will help veterinarians to carry out their very important work in a no-deal scenario. For those reasons, I commend both statutory instruments to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019.

DRAFT VETERINARY SURGEONS AND ANIMAL WELFARE (AMENDMENT) (EU EXIT) REGULATIONS 2019.

Resolved,

That the Committee has considered the draft Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019.—(David Rutley.)